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Donee Beneficiary (intended by a contract) and Creditor (third party intended because of previous duties owed, has right against both) Get Something
Incidental does not-no intent to benefit |
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Assignment of Rights Get this shit explained |
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Definition
Voluntary transfer to a third party of the rights arising from a contract so that the assignors right to perform is extuingished Obligor>Obligee>Assignor>Assignee or Obligor Ask SOmeone to explain |
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Asignemnt needs consent if |
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duty risk or burden is increased, its personal right, forbidden by contract, or prohibited by law |
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assignee stands in shoes of assignor |
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COntractual duties can be transferred except |
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personal, expressly non delegatable or delegation prohibited by statute or public policy |
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allows delegator to avoid liabality qne delegate duties or assign rights that one otherwise could not
new contract between origianl parties and new person replacing old parties |
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requires formal authorization |
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intended to protect lublic |
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establish maximum rate on interest on a loan |
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cannot violate sale of a business |
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must stay away for reasonable time after selling business |
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prohibits employee from competing with competitor for certain time |
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unfair and not enforceable |
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take it or leave it with little bargain power |
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releive party of tort liability
not enforced if... releiving from reckless conduct, unclear language, employer-employee, public service from customer |
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